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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 12, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant with respect to the “establishment of a model house for the A main complex construction project,” which the Defendant received from the executor, as set out in the following terms:
The outline of the model house construction - The total floor area of 460 square meters on the two-storys on Seoul Gojin-gu, Seoul, C, and D ground 460 square meters - The sale guide room, three UN ITs on multi-family housing (44, 50, 77), and construction period on the sales office: the construction amount on August 8 (Commencement of Construction)- September 23, 2014 or September 23, 2014 (the scheduled completion date): 1.144 billion won;
B. From September 5, 2014 to May 15, 2015, the Plaintiff received KRW 1.16.5 million from the Defendant among the above construction amount, and did not receive the remainder of KRW 37.5 million.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence Nos. 1-3 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion 1) The Defendant asserted that the Plaintiff did not construct the front sidewalk block work among the foundation and earth work, ① KRW 7,284,060, ② some of KRW 4,716,585, and ③ household work KRW 25,755,645 (including value-added tax) in total, KRW 37,755,645, and the Plaintiff did not pay KRW 37,550,000 out of the construction cost. However, the Defendant completed the front news report work in the form of repair work. ② The Defendant did not construct the front news report block work in accordance with the original estimate, ② the number and contract amount of new quotation (Evidence evidence 4-2, evidence 10, and evidence 10) but reduced the quantity of the construction work in the form of a new quotation (Evidence evidence 4-2, and 22). Meanwhile, the sn beamline supplied from the Plaintiff to the present site other than Hyundai Construction work site.